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Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....l, and now after the liberation of the country, Bangladesh. The basis of the claim made by the plaintiffs and the co-plaintiffs is that the disputed char is partly a reformation in situation of their lands of Osat Taluk and Howla in Char Ilsha which appertained to a permanently settled estate and pa......lip;……........Appellant Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 ......mdash;I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ......husan Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Sundar Ahir and others Vs. Phuljharia and another, ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....egislature but the statute must be given effect according to the plain and ordinary meaning..” 69. Then there is another rule of interpretation which has also gained wide recognition in England and in the Supreme Courts of this sub-continent' known as the mischief rule enunciated by L......isdiction) Present: K. Hossain J Badrul Haider Chowdhury J Abdur Rahman Chowdhury J Sayed Maksud Ahmed.........................Petitioner Vs. Sunil Kumar Basu & others………………….Opposite Parties Judgm......ce as interpretation of Article 3 of President's Order No. 1,2 of 1972 is involved, and which is a question of general importance. 2. Facts concerning the Revisional Case briefly stated are that National Bank of Pakistan, as it then was, obtained a money decree against the judgment-debtor, ...... April 11, 1975. Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Ele..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
..... Ex. Case 65/59 by Appellant Ramjan Ali Khan who took delivery of possession through Court and dispossessed the Respondent, Obaidul Huq on 29-7-61. It was alleged that Ramjan was a benamdar of the landlord-decree holders. The holding belonged to Uttama Sundari Devi who had left for India. There w...... 57. ......property was auction purchased in R. Ex. Case 65/59 by Appellant Ramjan Ali Khan who took delivery of possession through Court and dispossessed the Respondent, Obaidul Huq on 29-7-61. It was alleged that Ramjan was a benamdar of the landlord-decree holders. The holding belonged to Uttama Sundari D......akrishna Udayar Vs. Vasudeva Aiyar, 44 LA. 261-22 C.W.N; Joy Chand Lai Babu Vs. Kamalaksha Chowdhury, 1 DLR 46; Jaisri Lal Vs. Dulhlal A.I.R. 1930 Patna 416. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For the Appellant. U.K. Abdul Hye..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....he plaint that the plaintiff was the owner of C. S. Plot No. 696 and northern portion of C. S. Plot No 692 at Mouza Dhanmondi, that after obtaining sanction for construction of a building on the said land under the provisions of East Bengal Building Construction Act (Act 2 of 1953) started construct........Appellant Vs. Bangladesh and another…………………..Respondent Judgment January 31, 1975. Result: Appeal is dismissed. Cases Referred To- Md. Ismail Vs. Province of East Pakistan 16 D.L.R. (S.C.) 438 (at page 442); ......e. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ......ince of East Pakistan 17 D.L.R. S.C. 629; P.L.D. 1966, S.C. 409 17 DLR (SC) 629, same case PLD 1966 S.C. 409; Ram Kirpal Shukul Vs. Massammat Rup Kuari, 11 Indian Appeals page 37; Hook Vs. Administrator General of Bengal and others, 48, Indian Appeal 187; A.LR. 1921 P.C. 11, T.B.; Ramachandra Rao an..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ...... Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......sions Judge, Comilla, by his order dated 25-4-70 under section 302/34 B.P.C and sentenced to transportation for life, for murdering one Hasan Ali Chowkidar. 2. The prosecution case is that Hasan Ali Chowkidar and the accused persons were the inhabitants of village North Algi within ch...........Accused-Appellant Vs. The State……………………....................Respondent Judgment January 21, 1975. Result: The order of conviction and sentence is set aside. Lawyers Involved: Rafique Rahman—For ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
..... Gournadi, District Bakerganj and these deeds were registered at Gopalganj under deed 2423,2433, 2434 and 2435 dated 19-4-62. The purpose was to deceive and deprive the legal owner of these plots of land and as such the persons mentioned above committed offence under sections 467/468/471/419/1...... 208 of 1970) Vs. State.........................................Opposite parties (In all the revisions) Judgment June 4, 1974. Result: The rules are made absolute. Cases Referred To- Md. Shafiullah Vs. the State (1957) 19 DLR page 254 (259); Aminul Haque Vs. T......d in pursuance of the judgment delivered by him, in the criminal appeals mentioned earlier, on 31-12-69. In allowing these appeals the learned Sessions Judge passed, the following order: “That the appeal be allowed on contest. The order of conviction and sentence under appeal is set aside......Shafiullah Vs. the State (1957) 19 DLR page 254 (259); Aminul Haque Vs. The Crown (1951) 3 DLR (FC) 518(526) Lawyers Involved: Md. Nurul Huq with Rabi Bhuiya and Mozammel Hoque Bhuiy—For the Petitioners (In all the revisions) Latifur Rahman—For the State (In all the revisi..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....sh;for the Opposite parties. Revision Case No.650 of 1971. Judgment Debesh Chandra Bhattacharya J.- This Rule arising out of an application for setting aside an auction sale of certain lands held under Order 21, rule 90 of the Code of Civil Procedure for an amount of Tk. 70....... (Civil Revisional Jurisdiction) Present: Debesh Chandra Bhattacharya J Abdul Majid Bepari………………................Petitioner Vs. Kashem Ali Maloo..............................Opposite Party Judgment January 22, 1974. ......d. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ......nvir Ahmed Siddiky Vs. Prov of E. Pak 20 DLR (SC) 144; Haseam Vs. Tribunal, PLD 1959 Kar. 286; She ppard Vs. Wheeling (30 W. Virginia 479) and Court of Iowa in State of Iowa. O. Neil (147 Iowa 593); Norton Vs. Shelby Co. (118 U.S.425) at page 10; Kasharan Madhaban Menon Vs. State of Bombay, AIR 1951..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....g for vacating an order of dismissal of a suit for specific performance of contract. The petitioners filed a suit against the opposite parties for specific performance of contract for sale of certain land and the suit was decreed ex parte on 3-4-67. The operative portion of the order is to the follo......v Shirali……………........................Opposite party Judgment July 11, 1973. Result: The rule is discharged Cases Referred to- Shah Wali Vs. Ghulam Dim, 19 DLR, S.C. 143; S.M. Yousuf and another Vs. Khand......t any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......y Ltd. Vs. Swastika Press Ltd. 90 Cal. L.J. 105; Bokaro and Ramgarh Ltd. Vs. State of Bihar, AIR 1965 Cal. 308; Mahanth Ram Das Vs. Ganga Das, AIR 1961. Lawyers Involved: Abdul Hamid—For the Petitioner. No one—For the Opposite Party. Civil Revision No.1436 of 1967. ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....ted in his affidavit-in-opposition that one Kalidash Basak and Madhusudhan Basak were the C.S. recorded tenants in the holding in question in equal shares. The said tenants having failed to pay their land revenue for the holding in question, it was put to auction sale and his wife Mrs. Afroz Jahan. ......hellip;……………………Respondents Judgment March, 20, 1973. Result: the Rule is discharged and the order of stay is vacated. Case Referred to- M. Noman Vs. Dacca Improvement Trust and others,16 D.L.R. (Dacca) 537. La......Misc. Case No. 2 of 1972 of the No- wabpur Union Arbitration Court. P. S. Sutrapur, Dacca constituted under the President's Order No.13 of 1972. 2. The petitioner in his petition has stated that he entered into an agreement of purchase with one Madhusudhan Basak, son of late Kalchand Basak ...... 1. Additional 'District Judge, 1st Court, Dacca, Chairman, Special Tribunal under P.O. No. 13 of 1972. 2. Md. Shamsuddoula, son of late Haji Abdus Sattar, Ministry of Information, Dacca…………………………&hell..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
.... passed in F.A. No.56 of 1966, affirming those of the Subordinate Judge, Additional Court, Khulna in Title Suit No. 50 of 1964. 2. The suit was for declaration of the plaintiff's title in the land in suit and for recovery of possession thereof, if found to be out of possession. 3. The ...... Petition for Special Leave to Appeal No.21-D of 1971. Judgment AM Sayem CJ. - This Petition for Special Leave to Appeal is against the judgment and decree of the erstwhile High Court of East Pakistan passed in F.A. No.56 of 1966, affirming those of the Subordinate Judge, Additional Cou......e Division (Civil) Present: AM Sayem CJ Muhammad Abdullah Jabir J Md. Shahed Faruque………………..........................Petitioner Vs. Mosammat Matiunnessa Khatun and others........Respondents Judgment February 2, 1973. Result: The Rule...... Mosammat Matiunnessa Khatun and others........Respondents Judgment February 2, 1973. Result: The Rule is discharged. Lawyers Involved: M. Behtar Ali, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Speci..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....i in Title Appeal No. 124 of 1963 by his Judgment and decree dated 16th June, 1965. Against that decision the present appeal was preferred. 2. The plaintiff's case in short is this that suit land belonged to pro-defendant who told it to the principal defendant on 21st Jaistha 1366 B.S. for ......lip;Defendant-Appellant Vs. Fajilatennessa and others.…………Defendant-Appellant Judgment January 8, 1973 Result: The appeal is dismissed. Cases Referred to- Ratish Chandra Mridha Vs. Hara Krishana Goldar and others (1963) 13 DLR 634; ......Referred to- Ratish Chandra Mridha Vs. Hara Krishana Goldar and others (1963) 13 DLR 634; Sakalaguma Nayudu and another Vs. Chinua Manuswami Nayakar, A.I.R. 1928 (P.C) page 174; Bishweswar Narsabhatta Gaddnda Vs. Durgappa Irappa Bhatkhar in A.I.R. 1940 Bombay page 339; Joydeb Agarwalla Vs. Bitu......Narsabhatta Gaddnda Vs. Durgappa Irappa Bhatkhar in A.I.R. 1940 Bombay page 339; Joydeb Agarwalla Vs. Bitulmal Karkhana Ltd. (1964) 16 DLR (JSC) 706; P LD. 1965 (S.C.) page 37; Ardeshir H. Mama Vs. Flora Sassooa A.I.R. 1928 Privy Council Page 208 ;Golam Ali Kazi Vs. Saijuddin Howlader and another, D..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....he receipt of which the First party hereby acknowledges, the First party demises to the Second party the Schedule properties comprising the Loobacherra Tea Estate excluding 125 acres of the land whereupon the proprietor's bungalow stands and the adjoining khas paddy lands, and the Seco......on (Civil Revisional Jurisdiction) Present: A. M. Sayem CJ D. C. Bhattacharya J Mrs. June Ferguson & others.............................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: ......gree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ......ers Vs. Kuchwar Lime and Stone Co. Ltd, and another, AIR 1941 P.C. 128; Dontmara Tea Company Ltd. Vs. Proboth Kumar Das, 41 CWN 54. Pir Baksh Vs. Mohammad Teha, 61 IA 388; Probodh Kumar Das and ors Vs. The Dantmara Tea Company Ltd., 66 IA 298=AIR 1949 P.C. =44 CWN 145; Pandit Ramchandra Vs. Pa..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....azila Munsif, Agailjhara, in Title Suit No.4 of 1984 (Previously TS No. 60 of 1981) should not be set aside. 2. Plaintiff is the petitioner before this Court. It was his short case that the suit land was leased out to the plaintiff and one Azahar Bahadur by the owners of the property in 1351 BS...... Vs. Upazila Nirbahi Officer and another………………...Opposite Parties Judgment May 3, 1992. Result: This Rule is made absolute. Cases Referred to- Nittya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DLR 11; Fakir Cha......he learned Upazila Munsif, Agailjhara, in Title Suit No.4 of 1984 (Previously TS No. 60 of 1981) should not be set aside. 2. Plaintiff is the petitioner before this Court. It was his short case that the suit land was leased out to the plaintiff and one Azahar Bahadur by the owners of the proper......r Chand Mia being dead his heirs and legal representatives Asadunnessa and others Vs. Quamaruzzaman and others, 26 DLR 233. Lawyers Involved: Abdul Quayum with AKM Zahirul Huq, Advocates‑For the Petitioner. Shahidul Alam Chowdhury, Advocate‑For the Opposite Parties. Civil Rev..Category: Property Law | Date: 3 May, 1972 | Hits: 4
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
....owers on certain categories of Magistrates to draw up proceedings thereunder, on being satisfied from a police report or other information as to the likelihood of breaches of the peace concerning any land or water, upon making an order in writing "stating the grounds" of their being so satisfied. Th......ck and another..........Petitioner Vs. Tobarak Majhi......................Opposite Party Judgment September 15, 1970. Result: The Rule is discharged. Cases Referred to- Chand Shah Vs. The Crown (1956) 8 DLR (FC) 24; Md. Ishaque Vs. Nur Mahal Beg......ur Rahman Khan appearing in support of the Rule, at the very outset, drew my attention to the first paragraph of the impugned order which runs as follows: "Seen petition. Heard. I am satisfied that there is serious apprehension of breach of peace by the OPs." 3. Mr. Ataur Rahman Khan nex......raph thereof is deleted. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....n 24.1.66 at 10-30 AM and found the dead body in the field to the south of a house. The place where the dead body was found was 9 miles away from the police station. The dead body was identified by Kalandar Ali PW 4 and others. He also held inquest ever the dead body in presence of the witnesses and...... This Case is also Reported in: 24 DLR (HCD) (1972)103 ......s (since acquitted), were placed on trial on charges under sections 148 and 302/149 of the Pakistan Penal Code. The trial was held with the aid of 4 assessors; 3 of the assessors were of the opinion that the two prisoners were guilty of the offences under sections 148 and 302/149 of the Pakistan Pen...... August 7, 1970. Result: The Appeal is allowed. Cases Refereed to- Khairdi Khan and others Vs. The Crown, 5 DLR (FC) 185. Lawyers Involved: M Rahman Chowdhury — For the Appellants. Sultan Ahmed — For the Respondent. Criminal Appeal No. 514 of 196..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
....ith the aforesaid discussions and observations, this Rule is disposed of.
However, there will be no order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 130
......ellip;………………..Respondent
Judgment
April 30, 2015
Result:
The Rule is disposed of.
Lawyers Involved:
Manzill Murshid, Advocate—For Appellant
Abdul Halim Chaklader with M Anisur Rahman, Advocates—For Respondent No......ected to take appropriate legal action against those responsible for putting up such Notice/Signboard and, thereby stop creating obstruction to the regular movement of the villagers and residents of that area and/or pass such other or further order or orders as to this Court may seem fit and proper.......;………………..Respondent
Judgment
April 30, 2015
Result:
The Rule is disposed of.
Lawyers Involved:
Manzill Murshid, Advocate—For Appellant
Abdul Halim Chaklader with M Anisur Rahman, Advocates—For Respondent No. 9
..
Category: Property Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....case in short is that, the petitioner as plaintiff instituted Title Suit No. 169 of 2003 in the Court of Senior Assistant Judge, Savar, Dhaka for specific performance of contract for sale of the suit land impleading the opposite party Nos.1-3 as defendants, stating inter alia, that defendant No.3 pu......t. Renu Begum ................Plaintiff-appellant-petitioner Vs. Khandoker Enamul Mowla and others…......Defendant-respondent-opposite parties Judgment July 20, 2011. Cases Referred to- Result: The Rule is made absolute. Case Referred To- 5 BLC 649......ee signed on 10.6.2007) passed by the learned Senior Assistant Judge, Savar, Dhaka in Title Suit No. 169 of 2003 dismissing the suit should not be set aside. 2. The fact of the case in short is that, the petitioner as plaintiff instituted Title Suit No. 169 of 2003 in the Court of Senior Assist......t: The Rule is made absolute. Case Referred To- 5 BLC 649, 59 DLR (AD) 39, 56 DLR 285, 29 DLR (SC) 211. Lawyers Involved: Moklesur Rahman with Mrs. Jobaida Pervin, Advocates-For the petitioner Zafar Ali Khan, Advocate-For the opposite party Nos.1-3 Civil Revision N..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....us Case No.75 of 1996 under Section 96 of the State Acquisition and Tenancy Act on the allegation that the opposite party No.3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite party Nos.1 and 2 by a so-called deed of exchange in order to defeat the right of p......;……Appellant Vs. Md. BazlurRahman Khan and others ………....Respondents Judgment November 14, 2012. Result: The appeal is allowed. Cases Referred to- 32 DLR (AD) 231; 21 DLR 353, 7 DLR 173 Lawyers Involved: Golam Arsh......No.6 of 2004 rejecting the Misc. Case under Order 41, Rule 19 of the Code of Civil Procedure for re-admission of the appeal. 2. The relevant facts leading to the filling of the above appeal are that the appellant as pre-emptor filed Pre-emption Miscellaneous Case No.75 of 1996 under Section 96 ......udgment November 14, 2012. Result: The appeal is allowed. Cases Referred to- 32 DLR (AD) 231; 21 DLR 353, 7 DLR 173 Lawyers Involved: Golam Arshed, Advocate—For the appellant Abdus Samad Azad, Advocate—For the respondent No. 1 First Miscellan..Category: Civil Law, Procedural Law | Date: | Hits: 2
....g Body was entrusted with the following, amongst other, duties. The relevant Clause of Article 31 is quoted below:
“(i) To accept donation, contribution subscription endorsement, land, building and other movable and immovable properties for promoting the alms and objects of the ......e Rule be discharged.
Whether before taking any action by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body would be entitled to receive any show cause notice—
In accordance with the principles of natural justice, no penal action shall be taken agai......porary suspension of a person in any office is a penal action by itself and it has been consistently held in the negative—
No judicial decision is available in support of the proposition that an interim administrative order for temporary suspension of any person in any office, required a......) 602
..
Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....ed prisoner Majibur Rahman Gazi are full brothers and they used to live in the same hut. It has been alleged that 10/15 years before the occurrence, informant's father Hakim Gazi sold 5 Gondas of land to Hashem Jamadder but the informant purchased that land from Hashem Jamadder 516 years ago and......also Reported in: 46 DLR (HCD) (1994) 423 ......p;……………..Respondent Judgment November 2, 1993. Result: The Reference is rejected. The sentence was too severe in consideration of the fact that the appellant is a young man of 35 years of age. It is clear from the evidence and the circumsta......consideration of the fact that the appellant is a young man of 35 years of age. It is clear from the evidence and the circumstances of the case that the appellant had no premeditation to murder Sohel or anybody else when he first came and entered into an altercation with P.W. 3 but subsequently he b..Category: Criminal Law | Date: | Hits: 2
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